WVC 15 - 10 - 5
§15-10-5. Federal officers' peace-keeping authority.
(a) Notwithstanding any provision of this code to the
contrary, any person who is employed by the United States
government as a federal law-enforcement officer and is listed in
subsection (b) of this section, has the same authority to enforce
the laws of this state, except state or local traffic laws or
parking ordinances, as that authority granted to state or local
law-enforcement officers, if one or more of the following
circumstances exist:

(1) The federal law-enforcement officer is requested to
provide temporary assistance by the head of a state or local law-
enforcement agency or the designee of the head of the agency and
that request is within the state or local law-enforcement agency's
scope of authority and jurisdiction and is in writing: Provided,
That the request does not need to be in writing if an emergency
situation exists involving the imminent risk of loss of life or
serious bodily injury;

(2) The federal law-enforcement officer is requested by a
state or local law-enforcement officer to provide the officer
temporary assistance when the state or local law-enforcement
officer is acting within the scope of the officer's authority and
jurisdiction and where exigent circumstances exist; or

(3) A felony is committed in the federal law-enforcement
officer's presence or under circumstances indicating a felony has
just occurred.

(b) This section applies to the following persons who are
employed as full-time federal law-enforcement officers by the
United States government and who are authorized to carry firearms
while performing their duties:

(9) Law enforcement commissioned rangers of the national park
service;

(10) Department of Veterans Affairs Police and Department of
Veterans Affairs special investigators;

(11) Office of Inspector General special agents; and

(12) Federal Air Marshals with the Federal Air Marshal
Service.

(c) Any person acting under the authority granted pursuant to
this section:

(1) Has the same authority and is subject to the same exemptions and exceptions to this code as a state or local law-
enforcement officer;

(2) Is not an officer, employee, or agent of any state or
local law-enforcement agency;

(3) May not initiate or conduct an independent investigation
into an alleged violation of any provision of this code except to
the extent necessary to preserve evidence or testimony at risk of
loss immediately following an occurrence described in subdivision
(3), subsection (a) of this section;

(4) Is subject to 28 U.S.C. §1346, the Federal Tort Claims
Act; and

(5) Has the same immunities from liability as a state or local
law-enforcement officer.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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